B-3335, JUNE 26, 1939, 18 COMP. GEN. 982

B-3335: Jun 26, 1939

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ARMY AND OTHER GOVERNMENT HOSPITALS ARE NOT ENTITLED TO REIMBURSEMENT FOR HOSPITALIZATION AND TREATMENT OF CIVILIAN CONSERVATION CORPS ENROLLEES AND FORMER ENROLLEES. WAS ADMITTED TO WALTER REED HOSPITAL SUFFERING WITH MULTIPLE FRACTURES OF BOTH BONES OF THE RIGHT FOREARM. HE WAS SUBSEQUENTLY HONORABLY DISCHARGED FROM THE CORPS. REMAINED AS A PATIENT AT WALTER REED GENERAL HOSPITAL WHERE HE IS NOW UNDERGOING TREATMENT AND HAS BEEN RECEIVING APPROPRIATE COMPENSATION THROUGH THE UNITED STATES EMPLOYEE'S COMPENSATION COMMISSION. INFORMATION HAS BEEN FURNISHED THAT THE COMMISSION IS UNABLE TO DEFRAY ANY EXPENSES INCIDENT TO SUCH HOSPITALIZATION AND ITS ATTENDANT TREATMENT IN THE BELIEF THAT PAYMENT FOR SUCH CASES IS PROHIBITED UNDER A DECISION RENDERED BY YOUR OFFICE IN VOLUME 15.

B-3335, JUNE 26, 1939, 18 COMP. GEN. 982

MEDICAL AND HOSPITAL TREATMENT - CIVILIAN CONSERVATION CORPS - REIMBURSEMENT OF ARMY AND OTHER GOVERNMENT HOSPITALS UNDER EXISTING LAW, ARMY AND OTHER GOVERNMENT HOSPITALS ARE NOT ENTITLED TO REIMBURSEMENT FOR HOSPITALIZATION AND TREATMENT OF CIVILIAN CONSERVATION CORPS ENROLLEES AND FORMER ENROLLEES--- BENEFICIARIES OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. SEE, IN THIS CONNECTION, 14 COMP. GEN. 706.

COMPTROLLER GENERAL BROWN TO THE DIRECTOR, CIVILIAN CONSERVATION CORPS, JUNE 26, 1939:

THERE HAS BEEN CONSIDERED YOUR LETTER OF APRIL 24, 1939, AS FOLLOWS:

ONE EDGAR J. CHILTON, WHILE IN THE PERFORMANCE OF HIS DUTY AS AN ENROLLEE OF COMPANY 378, CIVILIAN CONSERVATION CORPS, MORE HEAD, IOWA, SUSTAINED SEVERE PHYSICAL INJURIES ON, TO WIT, APRIL 1, 1938, AND THEREAFTER, ON, TO WIT, MAY 26, 1938, WAS ADMITTED TO WALTER REED HOSPITAL SUFFERING WITH MULTIPLE FRACTURES OF BOTH BONES OF THE RIGHT FOREARM. HE WAS SUBSEQUENTLY HONORABLY DISCHARGED FROM THE CORPS, BUT REMAINED AS A PATIENT AT WALTER REED GENERAL HOSPITAL WHERE HE IS NOW UNDERGOING TREATMENT AND HAS BEEN RECEIVING APPROPRIATE COMPENSATION THROUGH THE UNITED STATES EMPLOYEE'S COMPENSATION COMMISSION.

I AM ADVISED THAT THE QUESTION OF THE CASE OF FORMER ENROLLEES IN ARMY HOSPITALS AS BENEFICIARIES OF THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION HAS RECENTLY BEEN DISCUSSED INFORMALLY WITH REPRESENTATIVES OF THAT COMMISSION, AND INFORMATION HAS BEEN FURNISHED THAT THE COMMISSION IS UNABLE TO DEFRAY ANY EXPENSES INCIDENT TO SUCH HOSPITALIZATION AND ITS ATTENDANT TREATMENT IN THE BELIEF THAT PAYMENT FOR SUCH CASES IS PROHIBITED UNDER A DECISION RENDERED BY YOUR OFFICE IN VOLUME 15, PAGE 455, DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES.

IT HAS BEEN MY UNDERSTANDING THAT SINCE THE ORGANIZATION OF THE CIVILIAN CONSERVATION CORPS THAT IN COMPENSABLE CASES ALL EXPENSES SUBSEQUENT TO DISCHARGE ARE BORNE BY THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION. I AM FURTHER ADVISED THAT THE COST OF TREATMENT IN SUCH CASES IN CIVIL HOSPITALS IS APPROXIMATELY $8.00 PER DAY AND IN ARMY HOSPITALS $3.75. IT IS, THEREFORE, OBVIOUSLY IN THE BEST INTERESTS OF THE GOVERNMENT TO TREAT THESE CASES IN ARMY HOSPITALS.

THE DECISION OF THE COMPTROLLER GENERAL IN THE CASE ABOVE REFERRED TO HAD MORE SPECIFICALLY UNDER CONSIDERATION THE QUESTION WHETHER ARMY OR NAVY HOSPITALS COULD PROPERLY BE REIMBURSED BY THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION FOR TREATMENT FURNISHED TO EMPLOYEES OF THE CIVIL WORKS ADMINISTRATION.

PERMIT ME TO STATE THAT DURING THE YEARS OF 1934 AND UNTIL MARCH 31, 1935, THERE WAS ALLOCATED TO THE COMPENSATION ACCOUNT OF EMERGENCY CONSERVATION WORK (ALSO COMMONLY KNOWN AS THE CIVILIAN CONSERVATION CORPS) WITH THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION THE SUM OF $5,550,000, TO BE USED BY SAID COMPENSATION COMMISSION UNDER THE ACT CREATING THE SAME, AND UNDER THE RULES AND REGULATIONS MADE PURSUANT THERETO IN BEHALF OF CIVILIAN CONSERVATION CORPS ENROLLEES AS OCCASION MIGHT DEMAND.

EMERGENCY CONSERVATION WORK WAS CREATED BY ACT OF CONGRESS APPROVED MARCH 31, 1933, (PUBLIC, NO. 5, 73D CONGRESS), AND AN EXECUTIVE ORDER (NO. 6101) DATED APRIL 5, 1933, ISSUED UNDER AUTHORITY OF THIS ACT.

SECTION THREE OF THE AFORESAID ACT READS AS FOLLOWS:

"INSOFAR AS APPLICABLE, THE BENEFITS OF THE ACT ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES," APPROVED SEPTEMBER 7, 1916, AS AMENDED, SHALL EXTEND TO PERSONS GIVING EMPLOYMENT UNDER THE PROVISIONS OF THIS ACT.'

THE PRESENT CIVILIAN CONSERVATION CORPS WAS ESTABLISHED BY AN ACT APPROVED JUNE 28, 1937, AND KNOWN AS PUBLIC, NO. 163, 75TH CONGRESS, CHAPTER 383, 1ST SESSION, H.R. 6551. I QUOTE BELOW THE PERTINENT PROVISIONS OF SECTION 4 AND SECTION 10 IN ITS ENTIRETY, OF THE LATTER ACT:

"SECTION 4. THERE ARE HEREBY TRANSFERRED TO THE CORPS ALL ENROLLED PERSONNEL, RECORDS, PAPERS, PROPERTY, FUNDS, AND OBLIGATIONS OF THE EMERGENCY CONSERVATION WORK ESTABLISHED UNDER THE ACT OF MARCH 31, 1933 (48 STAT. 22), AS AMENDED, * * *.'

"SECTION 10. ENROLLEES SHALL BE PROVIDED, IN ADDITION TO THE MONTHLY RATES OF PAY, WITH SUCH QUARTERS, SUBSISTENCE, AND CLOTHING, OR COMMUTATION IN LIEU THEREOF, MEDICAL ATTENTION, HOSPITALIZATION, AND TRANSPORTATION AS THE DIRECTOR MAY DEEM NECESSARY: PROVIDED, THAT BURIAL, EMBALMING, AND TRANSPORTATION EXPENSES OF DECEASED ENROLLED MEMBERS OF THE CORPS, REGARDLESS OF THE CAUSE AND PLACE OF DEATH SHALL BE PAID IN ACCORDANCE WITH REGULATIONS OF THE EMPLOYEES' COMPENSATION COMMISSION: PROVIDED FURTHER, THAT THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1934 (U.S.C., 1934, ED., TITLE 5, SEC. 796), RELATING TO DISABILITY OR DEATH COMPENSATION AND BENEFITS SHALL APPLY TO THE ENROLLED PERSONNEL OF THE CORPS.'

THE QUESTION WITH WHICH I AM IMMEDIATELY CONCERNED IS THIS:

WITH RESPECT TO HOSPITALIZED ENROLLEES AND FORMER ENROLLEES OF THE CORPS, CAN THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION MAKE REIMBURSEMENT FOR HOSPITALIZATION AND TREATMENT IN ARMY AND OTHER HOSPITALS, AS WELL AS COMPENSATION OUT OF THE FUND ORIGINALLY ALLOCATED TO IT FOR THAT PURPOSE OF WHICH I AM ADVISED THERE WAS AS OF MARCH 31, 1939, A BALANCE OF $3,466,025?

AS YOU CAN WELL APPRECIATE, THIS QUESTION IS A MATTER OF CONSIDERABLE IMPORTANCE TO THE CORPS AND A DECISION THEREON AT YOUR EARLIEST CONVENIENCE WILL BE GREATLY APPRECIATED.

SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT AS AMENDED BY THE ACT OF JUNE 26, 1926, 44 STAT. 772, TITLE 5, U.S.C. SECTION 759, PROVIDES THAT NECESSARY MEDICAL SERVICES, ETC., SHALL BE FURNISHED ALL EMPLOYEES COMING WITHIN THE PROVISIONS OF THE ACT BY THE UNITED STATES "BY OR UPON THE ORDER OF UNITED STATES MEDICAL OFFICERS AND HOSPITALS" BUT WHERE THIS IS NOT PRACTICABLE THEN THROUGH PRIVATE AGENCIES. IT WAS HELD IN DECISIONS OF JULY 27, 1926, 6 COMP. GEN. 78, AND NOVEMBER 30, 1926, ID. 372, THAT SAID SECTION 9 IS AMENDED DID NOT AUTHORIZE THE REIMBURSEMENT FROM THE EMPLOYEES' COMPENSATION FUND OF ARMY AND NAVY HOSPITALS FOR SUCH MEDICAL SERVICES FURNISHED BENEFICIARIES OF THE EMPLOYEES' COMPENSATION ACT. SUBSEQUENT TO THE DECISIONS REFERRED TO, THE ACTS MAKING APPROPRIATIONS FOR CARRYING INTO EFFECT THE PROVISIONS OF THE EMPLOYEES' COMPENSATION ACT INCLUDED AUTHORITY TO MAKE PAYMENTS TO ARMY AND NAVY HOSPITALS FOR THE SERVICES FURNISHED BY SUCH HOSPITALS TO BENEFICIARIES UNDER THE ACT, THE PROVISION FOR THE CURRENT FISCAL YEAR BEING CONTAINED IN THE ACT OF MAY 23, 1938, 52 STAT. 415. NOT ONLY HAS IT BEEN HELD THAT THERE IS NOTHING IN SUCH APPROPRIATION ACTS, EITHER IN EXPRESS TERMS OR BY NECESSARY IMPLICATION, AUTHORIZING THE USE OF THE REGULAR FUNDS OF THE EMPLOYEES' COMPENSATION COMMISSION TO REIMBURSE ARMY HOSPITALS FOR SERVICES RENDERED TO SECURITY OR RELIEF EMPLOYEES, BUT IT HAS BEEN THE UNIFORM HOLDING THAT FUNDS ALLOTTED TO THE EMPLOYEES' COMPENSATION COMMISSION UNDER STATUTORY AUTHORIZATIONS CONFERRING CERTAIN BENEFITS UNDER THE PROVISIONS OF THE EMPLOYEES' COMPENSATION ACT, AS AMENDED, TO SUCH EMPLOYEES UNDER THE SEVERAL EMERGENCY RELIEF ACTS, WERE NOT LEGALLY AVAILABLE FOR REIMBURSEMENT TO ARMY OR OTHER GOVERNMENT HOSPITALS FURNISHING SUCH SERVICE FROM SUCH ALLOTTED FUNDS UNDER CONTROL OF THE EMPLOYEES' COMPENSATION COMMISSION. SEE IN THIS CONNECTION 15 COMP. GEN. 65 AND CASES THEREIN CITED, 15 ID. 455, A 98525 DATED DECEMBER 7, 1938.

YOU REFER TO THE FACT THAT THE PRESENT CIVILIAN CONSERVATION CORPS WAS ESTABLISHED BY THE ACT OF JUNE 28, 1937, 50 STAT. 319, AND CALL ATTENTION TO THE PROVISIONS OF SECTIONS 3 AND 10 THEREOF, 50 STAT. 320 AND 321, RESPECTIVELY, THE PROVISO OF THE LAST SECTION BEING WORDED AS FOLLOWS:

* * * THAT THE PROVISIONS OF THE ACT OF FEBRUARY 15, 1934 (U.S.C., 1934, ED., TITLE 5, SEC. 796), RELATING TO DISABILITY OR DEATH COMPENSATION AND BENEFITS SHALL APPLY TO THE ENROLLED PERSONNEL OF THE CORPS.

SECTION 3 OF THE ACT OF MARCH 31, 1933, ALSO REFERRED TO IN YOUR LETTER, WAS REPEALED INSOFAR AS ENROLLEES OF THE CIVILIAN CONSERVATION CORPS WERE CONCERNED, BY THE ACT OF JUNE 19, 1934, 48 STAT. 1056, WHICH PROVIDED AS FOLLOWS:

SECTION 3 OF THE ACT ENTITLED "AN ACT FOR THE RELIEF OF UNEMPLOYMENT THROUGH THE PERFORMANCE OF USEFUL PUBLIC WORK, AND FOR OTHER PURPOSES," APPROVED MARCH 31, 1933 (48 STAT. 22), IS HEREBY REPEALED, INSOFAR AS SAID ACT APPLIES TO ENROLLEES IN THE CIVILIAN CONSERVATION CORPS, AND IN LIEU THEREOF THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES," APPROVED SEPTEMBER 7, 1916, AS AMENDED (U.S.C., TITLE 5, CH. 15), ARE HEREBY MADE APPLICABLE TO SUCH ENROLLEES UNDER THE SAID ACT OF MARCH 31, 1933, TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS IS PROVIDED FOR EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION IN THE ACT ENTITLED "AN ACT MAKING AN ADDITIONAL APPROPRIATION TO CARRY OUT THE PURPOSES OF THE FEDERAL EMERGENCY RELIEF ACT OF 1933 FOR CONTINUATION OF THE CIVIL WORKS PROGRAM, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 15, 1934 (PUBLIC, NUMBERED 93, SEVENTY-THIRD CONGRESS): PROVIDED, THAT SO MUCH OF THE SUM APPROPRIATED IN THE FIRST PARAGRAPH OF TITLE II OF THIS ACT AS THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WITH THE APPROVAL OF OF THE DIRECTOR OF THE BUDGET, ESTIMATES AND CERTIFIES TO THE SECRETARY OF THE TREASURY WILL BE NECESSARY FOR ADMINISTRATIVE EXPENSES AND FOR THE PAYMENT OF SUCH COMPENSATION SHALL BE SET ASIDE IN A SPECIAL FUND TO BE ADMINISTERED BY THE COMMISSION FOR SUCH PURPOSES; AND AFTER JUNE 30, 1935, SUCH SPECIAL FUNDS SHALL BE AVAILABLE FOR THESE PURPOSES ANNUALLY IN SUCH AMOUNTS AS MAY BE SPECIFIED THEREFOR IN THE ANNUAL APPROPRIATION ACTS.

THE ACT OF FEBRUARY 15, 1934, 48 STAT. 351, CITED IN THE ABOVE QUOTED STATUTE, PROVIDES IN PART AS FOLLOWS:

* * * PROVIDED FURTHER, THAT THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO PROVIDE COMPENSATION FOR EMPLOYEES OF THE UNITED STATES SUFFERING INJURIES WHILE IN THE PERFORMANCE OF THEIR DUTIES, AND FOR OTHER PURPOSES," APPROVED SEPTEMBER 7, 1916 (U.S.C., TITLE 5, SEC. 785), AS AMENDED, ARE HEREBY EXTENDED, SO FAR AS THEY MAY BE APPLICABLE, TO EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION ONLY FOR DISABILITY OR DEATH RESULTING FROM TRAUMATIC INJURY WHILE IN THE PERFORMANCE OF DUTY, SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS AND LIMITATIONS: (A) THAT THE TOTAL AGGREGATE COMPENSATION IN ANY INDIVIDUAL CASE SHALL NOT EXCEED THE SUM OF $3,500, AND THAT THE MONTHLY COMPENSATION SHALL NOT IN ANY EVENT EXCEED THE RATE OF $25, BOTH EXCLUSIVE OF MEDICAL COSTS; * * * (E) THAT THE SAID COMMISSION IS HEREBY AUTHORIZED IN ITS DISCRETION TO PROVIDE FOR THE INITIAL PAYMENTS OF COMPENSATION AND THE FURNISHING OF IMMEDIATE MEDICAL ATTENTION AS HEREIN PROVIDED THROUGH THE LOCAL REPRESENTATIVES OF THE FEDERAL CIVIL WORKS ADMINISTRATION; * * * AND PROVIDED FURTHER, THAT SO MUCH OF THE SUM APPROPRIATED BY THIS ACT AS THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ESTIMATES AND CERTIFIES TO THE SECRETARY OF THE TREASURY WILL BE NECESSARY FOR ADMINISTRATIVE EXPENSES AND FOR THE PAYMENT OF SUCH COMPENSATION SHALL BE SET ASIDE IN A SPECIAL FUND TO BE ADMINISTERED BY THE COMMISSION FOR SUCH PURPOSES; AND AFTER JUNE 30, 1935, SUCH SPECIAL FUND SHALL BE AVAILABLE FOR THESE PURPOSES ANNUALLY IN SUCH AMOUNTS AS MAY BE SPECIFIED THEREFOR IN THE ANNUAL APPROPRIATION ACTS: * * *

IN DECISION A-54321 DATED MAY 15, 1934, TO THE CHAIRMAN, UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, AFTER QUOTING THE ACT OF FEBRUARY 15, 1934, AND ON THE BASIS OF THE TERMS OF SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT, AS AMENDED, IT WAS HELD AS FOLLOWS:

IT APPEARS THAT PURSUANT TO THE PROVISIONS OF THIS LAW THERE HAS BEEN MADE AVAILABLE TO THE COMMISSION BY DIRECTION OF THE DIRECTOR, BUREAU OF THE BUDGET, THE SUM OF $25,000,000 WHICH HAS BEEN SET UP UNDER THE TITLE "EMPLOYEES' COMPENSATION FUND, CIVIL WORKS, 1934 AND 1935.'

UNDER THE LAW QUOTED, SUPRA, THERE APPEARS TO BE NO QUESTION THAT THE EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION ARE BROUGHT UNDER THE PROVISIONS OF THE ACT OF 1916 EXTENDING TO THEM THE BENEFITS PROVIDED FOR UNDER SUCH ACT EXCEPT AS MODIFIED BY THE ACT OF FEBRUARY 15, 1934, SUPRA. IN THIS CONNECTION IT SHOULD BE NOTED THAT THERE IS NOTHING IN THE RECENT LAW RELATING TO THE PRIVILEGE OF SUCH EMPLOYEES TO HOSPITAL AND MEDICAL TREATMENT IN UNITED STATES HOSPITALS, THE APPARENT INTENT OF THE LAW BEING THAT THEY SHOULD BE CONSIDERED ON THE SAME BASIS AS IF THEY WERE FULLY COVERED BY THE ACT OF 1916.

IT HAS BEEN REPEATEDLY HELD BY THIS OFFICE THAT UNDER THE PROVISIONS OF SECTION 9 OF THE EMPLOYEES' COMPENSATION ACT OF 1916, AS AMENDED, ARMY HOSPITALS AND OTHER HOSPITALS OF THE UNITED STATES ARE NOT ENTITLED TO REIMBURSEMENT FOR THE COST OF MEDICAL AND HOSPITAL TREATMENT FURNISHED BENEFICIARIES UNDER THE ACT. 6 COMP. GEN. 78; ID. 372. SINCE THE EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION MUST BE CONSIDERED AS BENEFICIARIES UNDER THE ACT OF 1916 THEY WOULD APPEAR TO BE ENTITLED TO CERTAIN TREATMENT IN UNITED STATES HOSPITALS AND FOR SUCH TREATMENT SAID HOSPITALS ARE NOT ENTITLED TO REIMBURSEMENT. THIS HOLDING MUST APPLY BOTH AS TO HOSPITAL AND MEDICAL TREATMENT FURNISHED EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION PRIOR TO AND AFTER THE ENACTMENT OF FEBRUARY 15, 1934. AS SECTION 10 OF THE ACT OF JUNE 28, 1937, 52 STAT. 321, MERELY CONTINUED THE IDENTICAL BENEFITS OF THE EMPLOYEES' COMPENSATION ACT TO MEMBERS OF THE CIVILIAN CONSERVATION CORPS, WHICH WERE EXTENDED TO THEM BY THE ACT OF JUNE 19, 1934, NAMELY ON THE BASIS PROVIDED BY THE ACT OF FEBRUARY 15, 1934, THE CONCLUSION OF THE QUOTED DECISION OF MAY 15, 1934, IS EQUALLY APPLICABLE TO MEMBERS OF THE CIVILIAN CONSERVATION CORPS CREATED BY THE ACT OF JUNE 28, 1937. SEE IN THIS CONNECTION DECISION A- 60445 DATED MARCH 21, 1935, TO THE SECRETARY OF THE INTERIOR, 14 COMP. GEN. 706, 710.

IN ADDITION TO THE APPROPRIATION CONTAINED IN THE ACT OF MAY 23, 1938, 52 STAT. 414, 415, UNDER EMPLOYEES' COMPENSATION COMMISSION,"EMPLOYEES' COMPENSATION FUND," THERE APPEARS UNDER "EMPLOYEES' COMPENSATION FUND, EMERGENCY CONSERVATION WORK," THE FOLLOWING PROVISION:

FOR ADMINISTRATIVE EXPENSES AND PAYMENT OF COMPENSATION IN CONNECTION WITH THE ADMINISTRATION OF THE BENEFITS FOR ENROLLEES OF THE CIVILIAN CONSERVATION CORPS IN ACCORDANCE WITH THE PROVISIONS OF THE ACT ENTITLED "EMERGENCY APPROPRIATION ACT, FISCAL YEAR 1935," APPROVED JUNE 1, 1934 (48 STAT., P. 1057), $600,000 OF THE SPECIAL FUND SET UP ON THE BOOKS OF THE TREASURY PURSUANT TO THE PROVISIONS OF SAID ACT SHALL BE AVAILABLE FOR EXPENDITURE DURING THE FISCAL YEAR 1939.

THE EFFECT OF THE DECISIONS REFERRED TO IS THAT THE RECURRING PROVISIONS CONTAINED IN THE ANNUAL APPROPRIATION ACTS FOR THE EMPLOYEES' COMPENSATION FUND SINCE 1928 FOR PAYMENTS TO ARMY AND NAVY HOSPITALS FOR FURNISHING MEDICAL AND HOSPITAL SERVICES AND TREATMENT ARE EXCLUSIVELY LIMITED TO THAT APPROPRIATION, AND THUS AFFORD NO LEGAL AUTHORITY UNDER WELL-KNOWN RULES FOR THE CONSTRUCTION OF APPROPRIATION ACTS FOR MAKING SIMILAR PAYMENTS FROM FUNDS APPROPRIATED FOR THE EMPLOYEES' COMPENSATION COMMISSION UNDER THE PROVISIONS OF THE ACTS OF FEBRUARY 15, 1934, 48 STAT. 351, 352, AND JUNE 19, 1934, 48 STAT. 1056, 1057. YOUR QUESTION IS REQUIRED TO BE ANSWERED IN THE NEGATIVE.